Court : Mumbai
Reported in : (1971)73BOMLR481
..... . 117 : 44 bom. l.r. 894. this decision also clearly brings out the distinction between a transaction relating to immovable property of a minor and a transaction or a contract imposing mere personal liability on a minor. in this case, the court refused to extend the decision of the full bench in tulsidas v. vaghela raisingji i.l.r. (1932) bom. 40 : ..... in many subsequent cases that a minor cannot be bound personally by a contract entered into by a guardian which does not purport to charge his estate, and this promissory note, therefore, cannot bind the ward personally, nor does it purport to charge his estate.this decision also does make a distinction between personal liability imposed on a minor without reference to a transaction relating ..... that the minor can refuse to discharge the personal liability imposed on him even while taking advantage of the transaction which imposed personal liability on him.11. we may refer to the decision of this court in vijaykumar v. gokulchand (1964) 68 bom. l.r. 891, in this case, the question for consideration was whether a contract entered into by a natural guardian (the ..... essential distinction between a contract of sale and contract of purchase, the difference is only one of degree.with respect we agree with the view expressed by the above observations. with regard to enforcement against a minor, the learned judge observes (p. 41) :further it cannot be laid down as an inflexible rule that under no circumstances the personal liability of a minor .....Tag this Judgment!
Court : Chennai
Reported in : AIR1916Mad298; (1915)28MLJ471
..... under section 27 (6) some interest might be created in the land itself which can avail to a limited extent as against transferees, it does not follow that the personal liability of the contracting parties is lessened because certain rights in rem are attempt to be created and the attempt is unsuccessful by offending the rule against perpetuities. the argument as put by ..... the scheme of the indian law differs widely from that of english law. the indian legislature has given a great extention to the personal liability of parties having notice of a contract made by one under whom they claim; though such liability is tempered by the discretion of the court that is asked to enforce specific performance. on the other hand the indian legislature ..... of the contract as between the parties themselves.20. there are observations in kolathu aiyar v. ranga vadhyar ..... assumption that it creates an interest in land affect the operation of the contract in its personal aspect. if the object of the section is assumed to be to give an enhanced efficacy to a contract by the creation of interest in the property itself, in addition to mere personal rights and liabilities, the secti&n; cannot be utilised for taking away the binding force .....Tag this Judgment!
Court : Orissa
Reported in : AIR1957Ori32; 22(1956)CLT497
..... personal liability is excluded by the express terms of the contract, subject to a correlative right to be indemnified out of the assets in respect ..... receivers (12th edn. p. 263), where the learned author while dealing with personal liability and right to indemnity says: 'a receiver appointed by the court is an officer of the court: he is therefore not an agent for any person, but a principal, and as such personally liable to all persons contracting with him irrespective of the amount of assets in his hands, unless his ..... claims of persons who had advanced money under an order making the repayment ..... of all liabilities properly incurred. he is entitled to its indemnity in priority even to the .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : 177ITR339(MP)
..... (i) that the annual payment was not an agricultural income, as it was not rent or revenue derived from land but money payable under a contract imposing a personal liability on the covenantor, the discharge of which was secured by a charge on land ; (ii) that this was clearly a case where the owner of ..... , on the retirement of the assessee, he retained his ownership in his half-share of the goodwill of the firm, though all other assets and liabilities of the firm came to be owned by the remaining partners and the assessee permitted use of his share of the goodwill of the firm by the ..... fact exists, then the most vital thing to remember is that it is an intangible property and cannot be transferred by the present owner to another person independently of the business itself. in other words, the goodwill has to be sold along with the business to which it relates as if they were ..... excludes 'annuity' from 'assets' where the terms and conditions of the grant preclude commutation of any portion thereof. it connoted that there should be, in the contract of annuity, a specific term against commutation, if the annuity is to be excluded from the computation of net wealth. in the alternative, a prohibition against ..... annuity is (i) it is a money payment, (ii) made annually, (iii) it is of fixed sum, and (iv) usually it is a charge personally on the grantor. hence, the supreme court, in the above-mentioned case, held that the right of the assessee to receive an aliquot share in the general income .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2005(3)ALD137; 2005(4)ALT196
..... was required. the society was registered for availing the benefits which are available to a registered society like entitlement to acquire, hold and dispose of property, to enter into contracts, no personal liability, opening of bank accounts, income tax benefits etc. the said indigenous church movement had gained further momentum and thousands of indigenous churches existing in india and at various ..... tides, endowments, gifts or contributions from believers in the object of the trust, in india and elsewhere, in cash or kind, properties movable and immovable, foundations, bequests from any person/ persons, establishments, organizations, institutions, churches and governments etc., for the furtherance and aims of the trust, and upon such terms and conditions as the trustees of the trust may in ..... be dissolved with the consent of the central government. under section 25, if upon the dissolution of the society, there remains after the satisfaction of all its debts and liabilities, any property, the same shall be delivered to some other society, with a similar objective to be named by a special resolution or in default thereof by the court ..... society at its meeting held on 23-3-2004 passed a resolution, dissolving the society of trustees of indigenous churches in india and further resolved to transfer its assets and liabilities to the indigenous churches in india trust. the society was dissolved and the indigenous churches in india trust (for short the trust) was constituted on 24-3-2004. .....Tag this Judgment!
Court : Mumbai
Reported in : (1935)37BOMLR817
..... hold that this annual payment is ' agricultural income ' within the meaning of the act. it is not rent or revenue derived from land ; it is money payable under a contract imposing a personal liability on the covenantor, the discharge of which is secured by a charge on land. the covenantor is at liberty to make the payments out of any of her moneys .....Tag this Judgment!
Court : Mumbai
Reported in : I(2006)BC150; 2005(3)BomCR507; 132CompCas241(Bom); 64SCL203(Bom)
..... 3rd defendants acted independent of 2nd defendant or that the container was accepted by the 3rd defendants in the capacity of their own or the 3rd defendants while contracting undertook any personal liability under the said contract.' 16. the judgment in the case of mackinnon mackenzie & co. v. lang, moir & co reported in ilr 1881 584 (supra) also has no application to the ..... present case because there was also an admitted position that the company was aware of the fact that the other contracting party was acting as an agent for a third ..... merely acting as an agent of the said company. the learned counsel has further contended that u.s. 230 of the indian contract act the liability of the petitioner cannot be personally enforced against the agent because there is no contract between the respondent company and the petitioner but the only principal is liable which is a foreign company. the said s.230 of ..... the indian contract act interalia reads as under: '230. in the absence of any contract to that effect, an agent cannot personally enforce contracts entered into .....Tag this Judgment!
Court : Kerala
Reported in : 2010(2)KLJ1022
..... not as a convener of the beneficiary committee. in ext.x4 agreement, it has not been stated that he had executed the contract on behalf of the beneficiary committee and there is also a clause in that contract casting personal liability on him in the event of any loss on account of his default is caused to the government was taken note by the ..... implementation of the water shed project for the panchayat, but for his election and status as the convener of the beneficiary committee. it is not the way in which the contract is styled nor the clause incorporated in the contract casting personal liability that is to be given significance, but the removal of disqualification given by the statutory rule in respect of such ..... learned munsiff to conclude that in view of the contract entered into, which was subsisting at the time of filing his nomination, he suffered ..... contract which has to be given predominance. this court in vijaya v. kabeer : 2005 (1) klt 358, held that when a person enters into a contract with the local authority on behalf of a beneficiary .....Tag this Judgment!
Court : Orissa
Reported in : AIR2003Ori81
..... executed by defendant-respondent no. 2 on 17th april, 1974 as director representing the company. thus according to mr. pangari there was a novation of the original contract exonerating the personal liability of defendant-respondents 2 to 5.21. on perusal of the entire evidence on record, we do not find any substance in the argument of the learned counsel ..... unconditionally he has unequivocally and clearly disclosed in some portion of the document his own responsibility, and mentions the name of the person really liable, he cannot escape personal liability.17. a demand promissory note is an effective contract. in view of the fact that thedefendant-respondents 2 to 5 signed thedemand promissory note and other documents without indicating therein that ..... act, so far as defendant-respondents 2 to 5 were concerned. it is submitted that all the defendants availed the loan and as collateral security, executed documents undertaking their personal liability for due payment of the loan as would be evident from ext: 4 (agreement for demand cash-credit dated 11th may. 1960). ext. 5 (promissory note dated 11th ..... theysigned as directors, this case squarelycomes within the exception to section 28 ofthe act and it is to be held that the defendant-respondent are liable personally .....Tag this Judgment!
Court : Chennai
Reported in : AIR1971Mad347; 41CompCas537(Mad); (1971)2MLJ354
..... accepted as correct by another division bench in queensland insurance co. ltd. v. rajalakshmiammal, : (1970)1mlj151 . in that decision it has been held that an insurance policy is a contract of personal liability and the insurers cannot be compelled to accept responsibility in respect of a third party quite unknown to him.11. the learned counsel for the claimants does not dispute the ..... transferred the vehicle to another before the accident, and that notwithstanding the fact that the registry under section 31 continued in the name of the insured the contract of insurance and along with it the liability of the insurer to indemnify the insured comes to an end as soon as the vehicle is transferred by the insured to another. it is true ..... car, but it is just as well that it should be realised that, though there may be a policy in force, and an unauthorised person is driving the car which causes injury, there is no certainly that liability will attach to the insurers.'14. in bhoopathi's case, : air1966mad244 this court also took the same view. if the view of andley j ..... , in two of the claims, the proprietor of the concerned vehicles has taken the plea that, prior to the date of the accident, the vehicle was transferred to another person, so that there was no subsisting legal liability on his part........therefore, it is always open to the company to urge that if such transfer be true, the company has no legal .....Tag this Judgment!